How to cite:
Amriyati. (2022). The Rights to Health of Worker from the
Perspective of Indoor Air Quality. Journal Eduvest. Vol 2(5): 842-852
E-ISSN:
2775-3727
Published by:
https://greenpublisher.id/
Eduvest – Journal of Universal Studies
Volume 2 Number 5, May, 2022
p- ISSN 2775-3735- e-ISSN 2775-3727
THE RIGHTS TO HEALTH OF WORKER FROM THE
PERSPECTIVE OF INDOOR AIR QUALITY
ARTICLE INFO ABSTRACT
Received:
April, 26
th
2022
Revised:
May, 14
th
2022
Approved:
May, 16
th
2022
Indoor air quality really effects persons’ health, including
workers whose time mostly spent at work. Persons’ conduct
may create pollutant which effect indoor air quality. Unhealthy
indoor air has caused more than four million people dead from
pneumonia, stroke, systemic heart decease, obstructive lung
decease and cancer. Persons’ conduct must be regulated by
law to ensure one’s rights and obligation do not violate others.
This research was focused on how the rights to health of the
workers from the perspective of indoor air quality was
protected by law and what obligations were generated from
the rights towards workers, employers and the state. This
research was an analytical descriptive doctrinal one using
library research to gain secondary data from related
legislation and regulation as well as expert commentaries in
textbooks and scientific journal articles. To ensure indoor air
quality for workers, the workers themselves and the employers
must be equipped with the knowledge and comprehension of
the rights they possess and the obligation attached with the
rights to implement the law on how they have to conduct to
ensure the participation in the availability of healthy indoor air
quality. Workers and employers shall not act nor omit which
might resulted in unhealthy indoor air at work room through
ensuring fresh air circulation, avoiding smoke and other
polluting substances use in indoor rooms.
KEYWORDS
Indoor Air Quality, Workers, Rights, Obligation
This work is licensed under a Creative Commons
Attribution-ShareAlike 4.0 International
Amriyati
The Rights to Health of Worker from the Perspective of Indoor Air Quality 843
INTRODUCTION
There are four million five hundred people who die from pneumonia (12%), stroke
(34%), systemic heart disease (26%), chronic obstructive pulmonary disease (22%), and
lung cancer (6%) due to air pollution (Mortimer et al., 2012) indoors and 90% of people
spend time indoors 5 times more than time spent outdoors (Bulfone, Malekinejad,
Rutherford, & Razani, 2021). Then 400 to 500 million people, especially in developing
countries, face indoor air pollution in offices, schools, transportation facilities, shopping
centers, hospitals and residential homes (Agarwal et al., 2021). A healthy and prosperous
condition as mandated by Article 28 H paragraph (1) of the 1945 Constitution which
guarantees the right of everyone to live in physical and spiritual prosperity, and to have a
good and healthy living environment can be hampered when the air quality in the room is
problematic (Suryawati, 2020). The problem of indoor air pollution affects the health of
humans who spend most of their time indoors.
Sources of indoor air pollutants according to the National Institute of Occupational
Safety and Health come from within the space itself and from outside the room, namely:
cigarette smoke, pesticides, interior design materials, and room cleaning materials,
microbes such as fungi, bacteria and other types of microbes. commonly found in air ducts
and cooling systems. vehicle emissions. motor and industrial emissions and dust are also
workplace air pollutants (Ciccioli et al., 2021). The existence of these pollutants comes
from human attitudes and actions (Wang et al., 2019). To regulate human actions to prevent
harm to humans themselves, a law is needed that contains the rights and obligations of
individuals and groups (Chapron, Epstein, & López-Bao, 2019).
One of the main needs for life is air as a provider of oxygen needed by living things
in the body's metabolism (Hirota, 2020). Air can be grouped into: outdoor air and indoor
air. Indoor air quality greatly affects the health of humans who spend most of their time
indoors, including workers who spend most of their time in the workplace.
This panel departs from the following two main issues: First, how is the legal
protection of workers' health rights in Indonesia related to indoor air quality; Second, what
are the obligations that arise on workers' health rights.
RESEARCH METHOD
This research is a descriptive analytical normative research that uses secondary data
in the form of laws and regulations related to Employment, Health, Air Pollution, and
Buildings as well as descriptions of experts in textbooks and scientific journal articles
(Sovacool, Axsen, & Sorrell, 2018). Data obtained through library research, then sorted to
be processed qualitatively with deductive and inductive thinking methods (Fade & Swift,
2011).
RESULT AND DISCUSSION
1. Rights and Law
In general, the meaning of rights is an acceptance given by law to a person or group
of people to do something in a certain way (Heller, 2020). According to legal experts such
as Holland, Austin, and Pollock, rights are conditions or actions that are protected by law
and the state (Kurki, 2019). According to Gray, rights in the legal context are called legal
rights, namely: "that power which the man has, to make a person or persons to do or
restrains from doing a certain act or acts so far as the power arises from society imposing
a legal duty upon the person or persons. right is not the interest itself, it is the means to
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enjoy the interest secured” (Geiger, 2017). In essence, Gray states that legal rights are a
power that is owned by someone who is guaranteed by law, so that right is a tool for the
owner to enjoy what is entitled to him to be enjoyed as a result of the guarantee given by
law.
According to the theory of interest, interest theory, which is said by Ihering- a
German legal expert, that the basis of rights is interest, not desire. He bases his argument
that law has a purpose, and the purpose of law is protection, and in the context of rights it
is a form of protection of an interest. Duguit supports this theory, according to him the legal
basis is social solidarity, togetherness, not individual free will.
Elements of rights include: the legal subject; the legal action; the legal object;
person who bears the obligation to respect and fulfill these rights. The right gives
obligations to other parties to respect it: “legal right is an interest that warrants holding
others under an obligation to protect it” modify obligations”, quoted from John Austin that
obligations imposed by law must be accompanied by threats to those who do not comply
with them: “to have a legal obligation is to be subject to a sovereign command to do or
forbear, where a command requires an expression of will together with an attached risk of
suffering for non-compliance”
Rights consist of absolute rights and relative rights. Absolute rights are rights that
humans have where other humans are obliged to respect these rights. “Legal rights in the
strict sense are correlatives of legal duties and legal rights are defined as the interests which
the law protects by imposing duties on other persons. But the legal right in the strict sense
means right is the immunity from the legal power of another. Immunity is no subjection at
all". Absolute rights are also called absolute rights, rights that are not granted to certain
people, but to everyone, this right creates an obligation on other parties not to violate these
rights. Meanwhile, relative rights are rights owned by someone if there is a certain legal
relationship so that the relative rights owned by someone are the obligations of the other
party because of the legal relationship. The word absolute contains the meaning of
assertiveness about the rights that are owned so that other people must respect them even
though they do not have a close relationship as the relationship between the parties in a
contract or as a member of a society. Dijan views as follows: "rights are given by law to
legal subjects to use or not to use them" Satjipto Raharjo cites Fitzgerald's view that rights
and obligations have a correlative relationship, meaning that a person's rights are the
obligations of another party to act or not act in respect of a right that belongs to a person or
group of people.
2. Obligations and Rights
According to Keeton, an obligation is an act of a person who is charged by law to
do something that arises because of the existence of a right. Meanwhile, according to
Salmond, an obligation is an act that must be obeyed and if it is not a violation of the law.
Obligations that are normative in nature, meaning they contain tasks, what to do and what
not to do. According to Salmond there is no right that is not followed by an obligation; and
there is no obligation that is not accompanied by rights: “Every duty must be a duty towards
a person or some person, in whom a correlative right is vested and conversely every right
must be a right against some persons upon whom, a correlative duty is imposed ".
Obligations are divided into reciprocal obligations, called perfect obligations; and
obligations that are not reciprocal in nature, are called imperfect obligations. Obligations
can also be agent-relative (or agent-centered) and can be agent-neutral. Obligations
centered on certain legal subjects (agent centered) oblige certain people to act as required,
while obligatory which are "natural agents" carried out by anyone on the responsibility of
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The Rights to Health of Worker from the Perspective of Indoor Air Quality 845
certain people. Underlying the normativity of an obligation is its conformity with morals,
and according to Thomas Aquinas is the human obligation to submit to God's law.
Meanwhile, according to Kant, obligations come from morals, from within the legal
subject, so that compliance with carrying out an obligation comes from within, not from
outside. Although positivists claim that legal norms must be separated from morals,
according to Scott Hershovitz, positivists argue that legal obligations are moral obligations.
As Jules Coleman stated: the substance of the law can be understood as a moral
commandment, ie what must be done is based on moral considerations in it.
According to A.J. Simmons, the law that is obeyed must make a profit for
those who obey it. People obey the law not only to avoid legal sanctions, but also because
they are aware of the benefits that come from complying with the legal obligations imposed
on them. Then according to Oliver Wendell Holmes, so that a right that gives rise to an
obligation can be obeyed by the legal subject, the relevant legal apparatus must also provide
guidance and guidance on what rights and obligations are meant; what form of action is
called a violation of the rights and obligations referred to, and why those rights and
obligations are carried out. As quoted from Hart, legal rights and obligations must be
understood as something important because they have a function in living together, even
though there is a possibility that these legal rights and obligations conflict with personal
interests. The law acts as a guide for life, teaching its legal subjects what is right and what
is wrong. The law regulates the rights and obligations of legal subjects, the law must be
obeyed through its coercive power and the law also functions as a guide to live with its
legal subjects.
A right that is protected by law is something that can provide benefits or enjoyment
for the holder of that right, then it is accompanied by the obligation of other parties to
respect it(Grönwall & Danert, 2020). The law protects rights because of its normative
nature which contains orders and sanctions(Hartanto, 2020). The law is obeyed when
generating profits for those who obey it, the relevant legal apparatus must participate in
providing education, guidance and guidance on what rights are meant by law, what are their
functions, who has the rights, who has the obligations, and what are the legal consequences,
and What is the role of law in living together.
3. Right to Health
The right to health is a right that includes the factors that build a healthy life.
According to the Committee on Economic, Social and Cultural Rights, which monitors the
International Covenant on Economic, Social and Cultural Rights, the elements that support
the right to health are: safe and adequate drinking water and sanitation; safe and adequate
food and shelter; healthy working conditions and environment; health information and
education; gender equality. These factors are accompanied by other rights, namely: the
right to a health system that supports the protection of equal opportunities to obtain the best
accessible level of health; the right to the prevention, treatment and control of disease.
The right to health can also be seen in the 1946 WHO (World Health Organization)
constitution which states the phrase "highest attainable standard of health". This right to
health is a basic human right. The right to health is related to human dignity. Article 12 of
the Covenant on Economics , Social and Cultural Rights (called the "Economic Covenant")
states the right of a person to be able to enjoy a standard of physical and psychological
health.In Article 25 of the Universal Declaration of Human Rights 1948 it is written:
“Everyone has the right to a standard of living adequate for the health and well-being of
himself and his family......" The WHO constitution in its preamble states that enjoying the
highest standards of health is a basic human right.
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Article XI of the American Declaration on Human Rights and Duties states that
everyone has the right to the preservation of health through the availability of sanitary and
social equipment such as food, clothing, housing, and health care in accordance with
available resources. National legal instruments related to the national goal of creating the
Health of its citizens provide information to the public that the state protects the community
in terms of the right to health.
The concept of the right to health as a basic right contains the following elements:
first, as a public goal; second, containing the relation to human dignity, “The concept of
rights grows out of a perception of the inherent dignity of every human being”; third,
equality; four individual participation and groups, as stated in the Declaration of Alma-Ata
on Primary Health Care that "The people have the right and duty to participate individually
and collectively in the planning and implementation of their health care."; the fifth deserves
human acceptance; interconnectedness; not absolute when related to the wider public
interest, “the dignity of each person must be central in all aspects of health, including health
care, medical experimentation, and limitations on freedom in the name of health”.
4. Indoor Air Quality
Air quality or air quality is a measure of air condition at a certain time and place
which is measured and/or tested based on certain parameters and certain methods based on
the provisions of statutory regulations. Air Quality Protection and Management is a
systematic and integrated action so that air quality is maintained and protected from air
pollutants in the form of human activities that release substances, energy, and/or other
components so that substances, energy, and/or other components into Ambient Air by
human activities thereby exceeding the established Ambient Air Quality Standards.
Indoor air quality is influenced by indoor pollutants and outdoor ambient air quality
considering the indoor air circulation associated with outdoor air. Ambient air is free air on
the earth's surface in the troposphere which is needed and affects the health of humans,
living things and other elements of the environment. Ambient air quality is the level of
substances, energy, and/or other components present in the free air. Air must meet ambient
air quality standards, namely the size limits or levels of substances, energy, and/or
components that exist or should exist and/or pollutant elements whose presence is tolerable
in ambient air. Air quality is protected through efforts made so that ambient air can fulfill
its proper function.
In Article 2 of Parmenkes No. 48 of 2016 concerning Office Occupational Safety
and Health Standards it is written that: "The setting of Office K3 Standards is intended as
a reference for Office Leaders and/or Building Managers in implementing K3
implementation in Offices to create a healthy, safe, and comfortable office. and healthy,
safe, fit, performing and productive employees.” Article 7 stipulates: “(4) In implementing
the Office K3 plan as referred to in paragraph (1), the Head of the Office and/or Building
Management must make efforts to work safety, occupational health, office work
environment health, and Office Ergonomics in accordance with Office K3 standards."
Article 11 (1) Office K3 Standards include: a. work safety; - 9 - b. occupational health; c.
office work environment health; and D. Office Ergonomics. (2) Office K3 standards as
referred to in paragraph (1) are intended to prevent and reduce occupational diseases and
other diseases, as well as work accidents to employees, and to create safe, comfortable and
efficient offices to encourage work productivity.
Attachment to the Regulation of the Minister of Health of the Republic of Indonesia
Number 48 of 2016 concerning Office Occupational Safety and Health Standards Office
Occupational Safety and Health Standards include in detail the hazards caused by biology
and chemicals related to indoor air. Prevention of indoor air health is the obligation of
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The Rights to Health of Worker from the Perspective of Indoor Air Quality 847
workplace managers and employers through efforts to prevent, improve, treat and restore
workers' health. Meanwhile, the workers themselves are required to create and maintain
health in the workplace by complying with applicable regulations in the workplace.
Indoor air quality (IAQ) is the quality of the air in and around the space that has a
relationship to the health and comfort of its occupants. According to the EPA IAQ are: the
air quality within and around buildings and structures, especially as it relates to the health
and comfort of building occupants. To minimize the risk posed by the air quality of a dirty
room, it is necessary to take measures to deal with pollutants. One form of pollutant is
particle droplets, organic compounds, metals, soil, dust, smoke. When humans inhale
pollutants, the effects can be in the form of health problems in the lungs and heart at the
same time or within a certain period of time. One form of handling room air quality is the
presence of adequate air ventilation. Adequate ventilation will neutralize indoor air to the
outside by bringing in clean air from outside. Anisa et.al's quote from the Occupational
Safety and Health Administration (OSHA) describes the same thing, that: "Air quality in
the room is disturbed due to inadequate ventilation (52%), there is a source of
contamination in the room. (16%) and outdoors (10%), the presence of microbes (5%),
contaminated materials from building materials (4%), and others (13%) (OSHA, 2011).
This situation can be exacerbated if the building uses an Air Conditioner (AC) that is not
maintained.” Being in an air-conditioned room for a long time can cause dry eyes,
dehydration, respiratory problems, infectious diseases, headaches, fatigue.
5. Worker Health
All efforts are made to maintain and improve the highest level of public health
carried out based on non-discriminatory, participatory, and sustainable principles in the
context of the formation of Indonesian human resources, as well as increasing the nation's
resilience and competitiveness for national development.
The participatory principle according to Davis and Newstrom (1989: 232) is
the involvement of group thoughts and feelings or emotions that encourage them to
contribute to achieving a group goal that involves shared responsibility. According to
Cohen and Uphoff (1997) the concept of participation is divided into four types, namely:
participation in decision-making; participation in the implementation of a program and
policy; participation in obtaining benefits; and participation in evaluations. Participation in
an implementation includes resources and financing, administration and coordination,
policy explanation, and public access.
The right to health is accompanied by the responsibilities of all parties, both the
government and the community, as stated in the considering section of Law Number 36 of
2009 concerning Health. Article 2 of the Health Law also states that: "Health development
is carried out on the basis of humanity, balance, benefit, protection, respect for rights and
obligations, justice, gender and non-discrimination and religious norms."
As described in the section considering Law Number 36 of 2009 concerning
Health, "that every activity in an effort to maintain and improve the highest degree of public
health is carried out based on participatory and sustainable principles towards the creation
of Indonesian human resources to increase resilience and competitiveness. nation. Public
health is the responsibility of all parties, both the government and the community. Article
2 stipulates that health development is carried out with the principles of humanity, balance,
benefits, protection, respect for rights and obligations, justice, and religious norms. Article
3 stipulates that everyone's awareness, willingness and ability to live healthy must be
increased in an effort to increase productive human resources.
According to John Stuart Mill, human dignity is the ability to think and reason to
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act based on observation, reasoning, and determining predictions as the basis for acting, in
order to avoid loss or suffering. Meanwhile, Article 6 of the Declaration of the Rights of
Man and of the Citizen 1789 implies that the meaning of human dignity is equality before
the law: Law is the expression of the general will. It must be the same to all whether it
protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to
all dignities and for all public positions and occupations, according to their capacities, and
without other distinctions than that of their virtues and talents. Diktip from Carozza, the
meaning of human dignity in the understanding in France is more on brotherhood, equality,
and communalism, so it does not prioritize the understanding of individual freedom as
interpreted in America and England.
Human dignity is characterized by the ability to think and determine actions that in
his opinion avoid harm or suffering for himself and others (John Stuart Mill), create
happiness for himself and others in his community with a sense of brotherhood and equality
in a shared communality (Declaration of the Rights) of Man and of the Citizen 1789 and
Carozza in Ruth Horn and Angeliki Krasidou 2016)
6. Workers' Health Rights in the Perspective of Indoor Air Quality and
Accompanying Obligations
Law exists to create balance through restrictions. Humans often prioritize their
own rights and neglect the rights of others. Humans can neglect their obligations but expect
others to carry out their obligations. Law exists to balance the interests of individual legal
subjects and the interests of legal subjects collectively in society. Individual health is in the
interest of the individual, for example being productive for his economic survival and his
family, but it is also a collective interest in the group in their work that has a productivity
relationship with one another and the interests of the company where they work. The right
to health that is protected by law is obligation to the individual concerned and other
individuals to implement the achievement of the right to Health.
Workers and employers are legal subjects of workers' health rights. the legal object
is that workers' health is a health effort, namely activities to maintain and improve health
carried out by the government and or the community, as written in Law Number 36 of 2009
concerning Health. In the context of this research, health efforts, health care and disease
prevention, include what are the rights of workers as legal subjects for health and the mutual
obligations of workers and employers in fulfilling workers' health. The right to workers'
health is in the interests of workers because health is one of the supports to be productive
so that it has economic value for the worker, in addition to having an interest for the
employer because worker productivity supports the productivity of the company.
Employers are required to comply with legal provisions to ensure the realization of the
worker's right to health, but the worker himself/herself also has an obligation to fulfill
his/her health as stipulated by law. In provisions related to workers' health, sanctions for
violations of Article 87 concerning Occupational Safety and Health are in the form of
administrative sanctions against employers or employers ranging from the lightest in the
form of written warnings to the heaviest in the form of revocation of business licenses.
Sanctions for violations against individual workers must be regulated in work agreements
(PK) and collective labor agreements (PKB).
Workers' health rights are absolute rights where other people have the obligation
to respect them even though they have no legal relationship with one another, but health
rights can also be relative within the framework of the working relationship between
workers and employers. Employers are required to ensure, as a specific example in this
study, is that the air quality in the workspace is healthy, as a form of protection of workers'
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The Rights to Health of Worker from the Perspective of Indoor Air Quality 849
health rights as stipulated by law. The form of preventive efforts to prevent disease and
maintain the health of workers.
In terms of the obligations on workers' health, apart from being a normative
obligation as regulated in the provisions of the labor law and the provisions of the Health
law as well as the provisions for buildings and buildings and the prevention of air pollution,
it also contains a moral obligation that must come from within the individual, for example
in order to maintain the air in the room. free from pollutants by not smoking, ensuring the
circulation of clean indoor and outdoor air, avoiding the use of substances that cause indoor
air pollution, and so on. Maintaining room air quality both by workers and employers is a
legal obligation as well as a moral obligation. Humans obeying legal obligations are not
only afraid of or avoid legal sanctions, but also because their minds are able to understand
the benefits that they gain as individuals and as a group by being obedient to legal
obligations. Complying with the obligation to strive for healthy air in the workspace is not
only avoiding legal sanctions, but also awareness and reasoning that knows the benefits of
being healthy is productive for itself as an employee and employer as well as a group of
companies where he works. Indoor air quality is maintained when workers and employers
understand the benefits to both parties, namely the interest in obtaining health as the basis
for productivity.
Provisions on Health efforts in the Government Regulation of the Republic of
Indonesia Number 88 of 2019 concerning Occupational Health, Article 2 paragraph (2)
regulates the responsibility of the central and regional governments as well as the
community towards the implementation of health which includes efforts to prevent disease.
Articles 3 and 4 state that the implementation in question aimed at everyone who is in the
workplace, carried out by the workplace manager which includes the fulfillment of the
requirements for the health of the work environment.
Furthermore, Article 5 stipulates that efforts to improve Health must include: a.
improvement of health knowledge; b. cultivating clean and healthy living behavior; c.
Cultivation of Occupational Safety and Health at Work. Article five is intended so that
Workers, Employers, Managers or Workplace Managers have knowledge and apply a clean
and healthy lifestyle and play an active role in realizing a healthy and safe Workplace as
written in the explanation of Articles 5 and 6 of this PP. Community participation in the
implementation of Occupational Health as written in Article 16 of this PP includes, among
others, in the form of supervision, guidance and counseling, as well as information
dissemination. Healthy work environment in Inter National is the scope of monitoring of
the Committee on Economic, Social and Cultural Rights against the International Covenant
on Economic, Social and Cultural Rights. Indoor air quality is related to occupational
health. “Occupational Health is an effort to improve and maintain the highest degree of
health for employees in all positions, prevention of health deviations caused by employee
conditions, protection of employees from risks due to factors detrimental to health,
placement and maintenance of employees in a work environment that adapts between
employees and employees. with humans and humans"
The right to health is interdependent with other rights, for example the right to
work, the right to an adequate standard of living, the right to education, the right to
information and participation, the right to use the results of scientific progress. The state
guarantees the right to health through the relevant laws and regulations. Meanwhile, the
participation of non-state parties such as individuals, companies, non-governmental
organizations (NGOs), non-governmental organizations (NGOs), and health workers, each
has a role as regulated in the relevant laws and regulations.
WHO and UNICEF Alma Ata Declaration at the International Conference on
Primary Health Care 1978, stated that health is a good physical and psychological state, not
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only free from disease but also socially good. then this right to health is a global social goal
whose achievement must include the participation of the social and economic sectors, not
only the participation of the health sector.
Employers' participation in the implementation of laws made on the responsibility
of the state includes regulations on employment, health, environment, buildings and
buildings. Meanwhile, lcal financing at the workplace for the availability of air quality in
a healthy space is the responsibility of the employer which is also a form of participation
in the implementation of the law in an effort to achieve worker health. Besides the
participation of workers themselves to maintain air in a pollution-free space through the
actions of individual workers as a form of compliance with the implementation of
applicable laws in Indonesia and in line with international instruments in Article 4 of the
1978 Declaration of Alma-Ata on Primary Health Care, that: "people have the right and
duty to participate individually and collectively in the planning and implementation of their
health care.”
The Vienna Declaration states that individual and group participation is
indispensable in terms of rights that are directly related to physical and spiritual well-being,
so participation is not only of a voting nature, but requires provisions regarding
participation in providing information and being informed. Participation requires adequate
knowledge of what is to be conveyed to the community, as well as individual participation,
for example related to health, also requires adequate knowledge both from formal
education, seminars, scientific discussions.
The basis of the state in establishing and implementing laws as stipulated in the law
on Occupational Health and Safety (K3) are the juridical, philosophical, and sociological
aspects. Philosophically, humans have certain rights, both naturally as humans and rights
that are obtained and protected legally. Obligations are individually and collectively.
Humans as workers have rights and obligations that are imposed by applicable law, the law
is formed by considering the philosophical aspects of human health with dignity and dignity
as a human being who has reason to create happiness for himself as an individual and live
together communally or socially. Health is sociologically the basis for humans to be able
to meet their needs, including economic needs. Regarding workers' health rights, Article 1
point 1 of the Health Law: "Health is a healthy state, both physically, mentally, spiritually
and socially that allows everyone to live socially and economically productive lives".
The creation of productive human resources must begin with the willingness and
ability to be healthy, as described in Article 3 of the Health Law, that: "Health development
aims to increase awareness, willingness, and ability to live healthy for everyone in order to
realize a high level of public health. as high as possible, as an investment for the
development of socially and economically productive human resources”. The obligations
of individuals to realize health in their communities are described in paragraphs (1) and (2)
as follows: “(1) Everyone is obliged to participate in realizing, maintaining, and improving
the highest degree of public health. (2). The obligations as referred to in paragraph (1), the
implementation includes individual health efforts, public health efforts, and health-oriented
development.”
The obligation of the individual in his role is not only to maintain his own health,
but also to maintain his behavior so as not to violate the health rights of others, as described
in Article 10 and Article 11 of the Health Law as follows: "Everyone is obliged to respect
the rights of others in an effort to obtain a healthy environment, physical, biological, and
social. Everyone is obliged to behave in a healthy life to realize, maintain, and promote the
highest possible health. Everyone is obliged to maintain and improve the health status of
others who are their responsibility.”
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The Rights to Health of Worker from the Perspective of Indoor Air Quality 851
Lieber views that rights and obligations are two things that support each other, he
calls it reciprocal.
CONCLUSION
Protection of the health rights of workers in Indonesia from the perspective of indoor
air quality is available with the existence of instruments in the form of laws and regulations
related to employment; health; environment; as well as buildings and buildings in which
all show interrelatedness and harmony to achieve worker health. As is known, healthy
indoor air is one of the elements that workers need as humans to breathe air that meets
health standards in order to avoid illness caused by unhealthy air. The state guarantees it
with the availability of laws and regulations that are sourced from the mandate in the
constitution of the 1945 Constitution, in harmony with international instruments and the
opinions of experts.
Workers as well as employers as people have the right to health and air quality in a
healthy space, this right is accompanied by an obligation to participate in fulfilling the
health rights of others from the perspective of indoor air quality. The application of rights
and obligations is carried out by employers as well as workers, in line with the principles
of participatory and reciprocal, mutually beneficial for the employer and the workers
themselves, considering that the health of workers is one of the elements of productivity
for both parties. togetherness in a harmonious working relationship.
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